Examples of Napo Common Stock in a sentence
The Company shall have the right to terminate or withdraw any registration initiated by it under this Subsection 2.2 before the effective date of such registration, whether or not any Holder or Napo has elected to include Registrable Securities or Napo Common Stock in such registration.
Upon the request of each Holder or Napo given within twenty (20) days after such notice is given by the Company, the Company shall, subject to the provisions of Subsection 2.3, cause to be registered all of the Registrable Securities and/or Napo Common Stock that each such Holder and/or Napo, as the case may be, has requested to be included in such registration.
Napo (if Napo is proposing to distribute Napo Common Stock through such underwriting) and all Holders proposing to distribute their securities through such underwriting shall (together with the Company as provided in Subsection 2.4(e)) enter into an underwriting agreement in customary form with the underwriter(s) selected for such underwriting.
All Selling Expenses relating to Registrable Securities and Napo Common Stock registered pursuant to this Section 2 shall be borne and paid by the Holders and Napo pro rata on the basis of the number of Registrable Securities and Napo Common Stock registered on their behalf.
In such event, the right of any Holder to include such Holder’s Registrable Securities and the right of Napo to include Napo Common Stock in such registration shall be conditioned upon such Holder’s and Napo’s participation in such underwriting and the inclusion of such Holder’s Registrable Securities and Napo Common Stock in the underwriting to the extent provided herein.
Except pursuant to Clauses 5(d)(i) and 7(e), so long as the Investor holds any NPIP Equity, NPIP shall not on its own accord Transfer the NPIP Napo Common Stock equivalent to the Investor Share Entitlement without the prior written consent of the Investor.
Simultaneously, with the receipt of the Liquidity Amount, the Investor shall sell and Napo shall purchase or nominate a Person to purchase such number of the Initial Shares, pro rated with respect to the number of shares of NPIP Napo Common Stock sold (such Initial Shares shall be transferred for a consideration being the par value of such shares).
In the event that, after the Effective Date and until the Termination Date, and only so long as the Investor holds any NPIP Equity or NPIP Napo Common Stock as per Clause 7(a), Napo proposes to issue any New Securities (other than Exempted New Securities), the Investor shall have a preemptive right to subscribe for a Pro Rata Share of such New Securities on the terms and conditions offered by Napo (the “Pre-emptive Rights”).
It is hereby clarified that, upon exercise of the Exchange Right, and upon consequent transfer of the Investor Share Entitlement to the Investor, the Investor shall have the rights that other holders of Napo Common Stock would have.
This pro rated sale of the Initial Shares shall apply to each successive sale of NPIP Napo Common Stock, such that when all the NPIP Napo Common Stock (but in no event required to be in excess of Investor’s Share Entitlement) is finally sold, then the Investor shall have no further NPIP Equity or any other rights in NPIP, or under this Agreement.